Keywords: Deceptive Advertising, LG Düsseldorf
On 26 November 2015, the Regional Court of Düsseldorf (14c O 124/15) ruled that a marketer's claim that its condoms corresponded to up to three orgasms each was "deceptive" and could tempt people to use the condoms several times. The facts of this case were as follows: Einhorn, a Berlin based company that produces fair trade and vegan-friendly condoms, declared on its packaging that the seven condoms contained therein were good for up to 21 orgasms: 1 Tüte á 7 Stück entspricht bis zu 21 Orgasmen". Rival Company Fair Sqaured was not amused and obtained an injunction from the Regional Court of Düsseldorf barring Einhorn from advertising with that slogan. Einhorn in turn asked the Regional Court to overturn the injunction it had granted on the grounds that the slogan was (supposedly) misleading.
Einhorn's lawyers argued that the slogan was obviously satirical and not to be taken as a statement of fact. The slogan was not intended to mean that a man can get three orgasms out of each condom. Rather, it was quite likely that his (female) sexual partner climaxes twice during an appropriately passionate session, thus, a total of three orgasms. The Court, however, did not agree and concurred with the view of Fair Squared that the three-orgasm-claim was both confusing and potentially dangerous. It might confuse consumers into thinking that the condom was reusable which could increase the danger of contracting sexually transmitted diseases and raise the risk of unwanted pregnancies. The Regional Court emphasized that condoms were medical products and thus were subject to "particularly strict standards" when it comes to advice on their packaging.
Originally published 9 November 2015
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